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Westlaw News

6th Circuit refuses to revive 'unduly burdensome' abortion waiting period law

A sharply divided federal appeals court panel on Friday refused to revive a Tennessee law requiring a 48-hour waiting period for abortions while the state appeals a lower court order striking it down as unconstitutional.

Circuit Judge Karen Nelson Moore, writing for the 2-1 majority of the 6th U.S. Circuit Court of Appeals panel, called the law “another unnecessary, unjustified and unduly burdensome state law that stands between women and their right to an abortion” and said the state was unlikely to succeed in its appeal, making a stay of the lower court order unwarranted.

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